Men and the Rule of Law

Article III, Section 1 of the U.S. Constitution reads:

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

This language is parallel to Article I Section 1

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

And Article II Section 1 Clause 1

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows

Articles IV, V, and VI do not “vest” “power,” so since the period of John Marshall these parts of the Constitution have been interpreted as create a Triune Government. Under this interpretation, the US has one government with three co-equal branches”: the Legislative (established by Article I), the Executive (established by Article II), and the Judicial (established by Article III).

There are multiple interpretations of how this works in practice:

Deng Xiaoping, the former paramount leader of China, believed that the U.S “has not one government, but three.”

A Marxist, who believes the government is the “execuive committe of the bourgeoisie,” would conclude that the American bourgeois have three executive committees, a structure intended to make the government less efficient

A victim of the American public school system probably belives the Legislature tries to write popular laws, the Executive tries to faithfully executive them, and the Judicial tries to faithfully interpret them.

There is some truth in all of these ideas, but all of them ignore the practical considerations of power and responsibility.

Important actors in all three branches must balance their priority sets with their limited resources, in a dynamic environment where others are trying to do the same. Actors who become sympathetic to their branches will try to aggrandize their branches, and protect them from delegitimization.

Regardless of one’s position regarding today’s ruling regrading health care reform, commentators on the left and right noted the heavy pressures the Chief Justice was under regarding these forces. Generally, commentators on the right complained about the Executive “pressuring” the Judicial (to threaten to delegitimize that branch), while commentators on the radical left spoke of “information operations” to defend the Judicial from delegitimization.

We tell children, the trainable retarded, and people we wish to lie to that we have a “rule of law, not of men” in this country. Sometimes, if we’re not paying attention, we even believe such blather.

Rather, we have are a rule of men, who have priorities with respect to laws, who are empowered and constrained by laws. This is the same thing as saying we have a rule of law, which are written and used by men, to empower and constrain men.

How Science and Academia Work

Summary

  • Science is not a cartoon
  • Science works by predicting variation
  • Science advances by exploiting human nature
  • Some science experiments have multiple outcome variables and multiple predictors

Science Is Not A Cartoon

The cartoon version of “science” — that definition that teachers who had no idea what they were talking about gave you — runs along these lines:

Science is a method for understanding Truth. To understand Truth, a great scientist thinks deeply, and using the tomes he has read along with his powers of reflection, generates a Theory. Then, with great care, an elaborate contraption is created test the Theory. If the test works, the Hypothesis is Proven, and it becomes a Fact. Otherwise, the Theory is Wrong, and the cycle begins again.

Of course, that’s ridiculous. That’s not science. That’s what children think of as science.

Science Works by Predicting Variation

Here’s a better definition of science:

Science is a method for predicting variation. To better predict variation, scientists construct Theories, which are mental models that allow brute facts to be put in some sort of framework. For instance, the theory of Gravity explains the brute fact of an apple on a tree in one moment, and the same apple on the great in the next, into a narrative. Theories are operationalized using hypotheses, which generate specific predictions. So gravity on Earth can be operationalized as predicting that gravity acts like an acceleration that forces all object to the ground at a rate of 32.2 feet per second per second. Run enough experiments and you will begin to see this simple hypothesis mis-predict events, which will force you to generate other hypotheses. Eventually you will have a set of hypotheses which predict events enough to be useful to you.

I say this because of a recent post by Diane Ravitch (who was recently fired from the Brookings Institution), criticizing a Gates Foundation grant to measure attentiveness through measurement of human the electrical system.

If you know what science is, and how it works, your immediate thoughts should be.

Scientists desire to predict variation in educational outcomes. These scientists doubtless have Theories of education, which are mental models that allow brute facts to be put in some sort of framework. These theories are probably operationalized using hypotheses, which have generated specific predictions. There probably is error in the these predictions, which are leading to follow-up hypothesis. These scientists must think by adding information on attentiveness measured through the electrical system, they can reduce error, and predict educational outcomes better.

If you know nothing about science, such as Diane Ravitch, your reaction differs, you’ll write a nonsensical post with only one declarative sentence: “Shades of Brave New World.”

Science Advances By Exploiting Human Nature

Now, given that, try to understand the study, as the historian Mark Safranski did, in this way:

 

Let’s start from the assumption that this GSR bracelet study is actually a scientific study without hidden agendas.

But before the end of his first sentence, Mark (who unlike Diane, is attempting to seriously engage in this issue) is already lost on irrelevant tangents.

Why would science be free of “hidden agendas”? Why would scientists be some cold automatons driven by computer programs with no feelings, emotions, hopes dreams, or goals? Science advances through Academia. This is done by rewarding professors for obeying the interests of peer-reviewed grant funding agencies.:

Professors, like most people, respond to the incentives of power, influence, and money.

The institution of tenure reduces uncertainty regarding money, and focuses the incentives on power and influence.

Power in academia comes from the number of bodies a professor has under him. These bodies might be apprentices (graduate students he advises), journeymen (post-docs who have a PhD and work at the lab, or staff researchers), or simple workers (lab technicians, etc).

Influence in academia comes from the extent to which one is successful in influencing one’s peers. This is typically measured in terms of influence scores, which are a product of how often the academic is cited, weighted by how important of a publication he is cited in.

The best route to both power and influence is to earn grant money. For example, consider a professor who receives grant money from a federal agency. Some of this money goes to equipment, but the majority goes to employing several graduate students to work on this large project. Likewise, with this funding, he and his team will be writing numerous articles using the latest techniques on very large data sets, and can be expected to quickly become influential in that area. Because these graduate students have him both as an employer and as an academic adviser, when they graduate with their own doctorates, they will be experts at creating ways to detect bad standardized tests (after all, it’s what they’ve been doing for years), in a few years his influence on their careers will be apparent, and they will likewise go about working on similar problems — citing him and each other as they go along.

Believing that science is free of hidden agendas is like believing that politics is free of hidden agendas: that belief is an idea that completely ignores the reality that science, like politics, takes place among human beings.

Some Science Experiments Have Multiple Outcome Variables and Multiple Predictors

Following that, Mark gives a fair summary of the research proposal, before stumbling on a subtle but important point::

Is a normal classroom setting (say 20 to low 30’s of students) recording arousal during a 40-50 minute lesson with different student and teacher behaviors a good experimental setting where variables are identified, isolated and controlled? No. There’s hundreds, maybe thousands of variables in this environment and the researchers need to separate all the “noise” from the moment of learning. To say nothing about interruptions coming from outside the classroom (ex. fire drill, students entering, leaving, PA announcements) skewing the GSR readings.
Is it a reasonable assumption that the ideal teacher state of arousal for instructing students is the same or should even correlate with student arousal levels? No. This would seem to be a separate hypothesis to be investigated.

Given that the important parts of this post are that science works through iterative experiments to predict variation, and that the social enterprise of science depends on scientists responding to incentives, I hesitate to include the following point, but Mark’s comments bring it up.

Implicit in Mark’s comment is the idea of predicting a dependent variable from an independent one, or to put it another way, basic algebra in the format.

y = mx +b

With y as the predicted variable, x as the predictor, m and b as the intercept.  Students and trainee researchers sometimes used this exact form (which they would have learned as children in elementary algebra), because this form, the simplest of all scientific forms, is also the most advanced most laymen or reporters actually grasp.

More advanced research — the kind that has hundreds to thousands of participants — uses the almost identical form.

Y = MX + B

That is, more advanced research uses matrix algebra to allow for multiple outcomes, multiple predictors, multiple slopes, and multiple intercepts.

Conclusion

If you can put together more than one declarative sentence in a comment talking about a scientific study that leads to implications you are uncomfortable with, you have a firmer grasp of the scientific method than Diane Ravitch.

Chiang, Mao, and Wang

Middle to late 20th century China was dominated by three men.

Wang Jingwei was the most educated. He spoke English with his friends, and went to graduate school oversees. Predictably, he cast in his lot with the Japanese.

Chiang Kaishek was an adolescent in a Japanese military academy. He was the first publicly known Chinese “Red,” famous for an early attack on the middle class in Canton. Predictably, he became famous fighting both the Japanese and the Communists, and was a pro-American leader.

Mao Zedong was a librarian who hated to travel. Into his old age he would quote classical poetry, and he spent the least time abroad of any of these men. Predictably, he launched the anti-intellectual Cultural Revolution and throw in his lote with the Soviet Union’s “internationalism.”

I begin this way because of a recent thread on Chicago Boyz, “CHINA-BURMA-INDIA: Remembering the Forgotten Theater of World War II” by onparkstreet. The discussion of this post revolved around two American Generals, Claire Chennault and Joseph Stillwell, who had dramatically impressions of Chiang Kaishek’s commitment to the American cause during the Second World War.

Chennault (whose wife was a Beijinger) believed that Chiang was a brilliant leader willing to take risks to drive back Imperial Japan and its client, the Nanjing Regime of Wang Jingwei. Stillwell (who spoke Chinese and lived in Beijing for four years during the 1920s) believed that Chiang was corrupt imbecile who refused to engage in any real fighting against the Empire of Japan.

Both were half right. Chiang was a brilliant leader who refused to engage in any real fighting against the Empire of Japan.

The reason for this is that Chiang, like Wang (But unlike Mao) was not a romantic fool. Chiang and Wang both quickly realized that China was so weak and divided that no Chinese faction could seriously influecne the fate of the great powers, but all were in danger of extinction. Therefore Chiang and Wang both bided there time and let fate have its way.

In this way, Chiang and Wang shared a perspective with Deng Xiaoping, who in his old age wrote to his senior followers:

Observe carefully, secure our position, cope with affairs calmly; hide our capabilities and bide our time; be good at maintaining a low profile; and never claim leadership. Enemy troops are outside the walls. They are stronger than we. We should be mainly on the defensive.

Sickness took Wang Jingwei’s life in 1944. After Mao’s reckless pro-attack stance lead to the liquidation of the Communist Party in Hebie during Japan’s “Three-Alls” reprisal campaign, the Communists also took the defensive.

The fall of Japan spelled the end of the Wang Regime, but both the Communists and the KMT benefited from their defensive posture. Because cadres of both parties (the CCP and the KMT) and armies (the CCP’s People’s Liberation Army, or PLA, and the KMT’s National Revolutionary Army, or NRA) were largely intact, both were able to radically remake post-war society following the establishment of the Communist Regime in Beijing and the KMT Regime in Taipei Regime in 1949.